ABSTRACT
While it is not the function of a mediator to speak truth to power, a mediator can facilitate the re-framing of a dispute as an opportunity, by enabling each participant to think about what is important to them, so that the participants can jointly agree upon a ‘methodology’, ie a ‘road map’ for convergence and consensus. This requires a ‘paradigm shift’, ie acceptance by each participant that there is a better way of resolving their dispute than proceeding to trial. In Part 1, the author discusses the benefits of mediation, the process, ground rules, and how best to prepare for the mediation day. In Part 2 (to be written in 2023), the author will discuss the challenges throughout each phase of the mediation day, and the tools available to a mediator to help engineer a sudden outbreak of common sense in a probate and trust dispute.
€ (Oxford UP)
Carl Islam, Mediating probate and trust disputes—process challenges and tools: part 1, Trusts and Trustees, volume 29, issue 1, February 2023, pages 19-27. Published: 14 November 2022.
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